Chinese legal family

1. Chinese legal family

CHINESE
LEGAL
FAMILY

2. Introduction

INTRODUCTION
Its formation was decisively influenced
by the political, legal, religious and
ethical teachings of ancient
China (Confucianism), which, although
not widely enshrined in the current
legislation, exist in Chinese law-making
culture and legal consciousness.
Of all the legal systems, only the
Chinese one retained not only national
characteristics, but also the
characteristic features of socialist law.

3. First stage (1949-1966)

FIRST STAGE (19491966)
The legal system of the Chinese
state in the historical period under
consideration was formed under
the influence of Soviet legal
science.
The first Chinese Constitution, the
first laws of the PRC - everything
was developed and adopted with
the direct participation of Soviet
specialists.

4. Second stage (1966-1976)

SECOND
STAGE (1966-1976)
During this period, in fact, not a single
legislative act was adopted in China,
the new Constitution of the PRC that
appeared in 1975 was exclusively
declarative.
The constitutional system of state
bodies, the statutory bodies of the CPC
and public organizations were
liquidated.

5. Third stage (1976-2001)

THIRD STAGE (19762001)
The restoration of the legal system of
the PRC after the "cultural revolution" is
associated, first of all, with the adoption
of the new Constitution of the PRC on
March 5, 1978.
It legally formalized the policy of the
leadership of the PRC, aimed at
restoring the country after a long
destructive period of the "cultural
revolution".

6. Fourth stage (2001-2010)

FOURTH
STAGE (2001-2010)
China's accession to the WTO in
December 2001 served as an impetus
for profound changes not only in the
socio-economic, but also in the
legislative sphere of the country.
In the 10 years since joining the WTO, a
number of new legal acts have appeared
in China's legal system, and many
previously adopted laws have
undergone significant changes and/or
additions.

7. Fifth stage (2011 - present)

FIFTH STAGE (2011 PRESENT)
Currently, the legal system of the
Chinese state is going through the
fifth stage of its development.
The legislator stepped up efforts
to adopt the necessary regulatory
legal acts for the country.

8. Features of the PRC legal system

FEATURES OF THE
PRC LEGAL SYSTEM
The legal system of the People's
Republic of China, formed in
2010, has a number of features
that significantly distinguish it from
similar systems in other countries
of the world.

9. Small number of laws

SMALL NUMBER OF
LAWS
It has a relatively small, in comparison,
for example, with the Russian
Federation, number of laws: 242.
Legal regulation of public relations is
carried out mainly at the level of
subordinate normative legal acts, most
of which are acts of the State Council
of the PRC.

10. Specifics of regulation levels

SPECIFICS OF
REGULATION LEVELS
The regulation of social relations existing in the
PRC is carried out at three main levels:
1.
At the level of state (party) program
documents;
2.
At the level of laws and by-laws, in the
absence of some codified law-making acts.
3.
At the level of law-making acts adopted by
local authorities and aimed mainly at
regulating the socio-economic development
of the region.

11. Features of the "formulation"

FEATURES OF THE
"FORMULATION"
The texts of Chinese normative legal
acts that form the legal system of the
PRC are characterized by vagueness,
vagueness, and lack of specificity of
wording, which was especially
characteristic of law-making acts in the
first years after the formation of the
PRC and after the end of the "cultural
revolution".

12. Legal consciousness

LEGAL
CONSCIOUSNESS
The Chinese try to “stay at a
respectful distance” from the law,
in their behavior they are guided
not by legal norms, but by the
desire to “save face”, not to be
condemned by relatives and
friends, strive to comply with
generally accepted moral
standards.

13. Conclusion

CONCLUSION
Throughout its history, China's legal
system has been based on criminal
law, legal norms have always
established severe legal liability for
their violation, the core of which has
been and remains criminal liability.
Of all the legal systems, only the
Chinese one retained not only
national characteristics, but also the
characteristic features of socialist
law.

14. Thank you for your attention!

THANK YOU
FOR YOUR
ATTENTION!